Council Work Session - Virtual Meeting Packet

Summary

Meeting Overview

The Lexington-Fayette Urban County Council held a virtual meeting on September 22, 2020, at 3:00 p.m., presided over by Mayor Linda Gorton. The council addressed 10 agenda items and took 13 votes during the session. The meeting included seven public comments from members of the community, with opportunities for public input both on and off agenda items.

The council approved several key matters, including requested rezonings and docket approval, budget amendments, and new business items. The meeting also included informational presentations on continuing business and council reports, as well as the Mayor's Report, which was approved. The session concluded with adjournment following the completion of all scheduled business.

Attendance

The following individuals were present at the meeting on September 22, 2020:

• Linda Gorton
• Charlie Lanter
• Chris Ford
• Doug Burton
• Sally Hamilton
• Polly Ruddick
• James Brown
• Josh McCurn
• Kathy Plowman
• Jennifer Reynolds
• Lisa Higgins-Hord
• Vice Mayor Kay
• Robert Stack
• Don Blevins Jr.
• Stacey Diamond
• Sam Murdock
• Tyrone Tyra
• Dan Mason
• L.D. Dickinson
• Wes Holbrook
• Elodie Dickinson
• Monica Conrad
• Christy Stambaugh
• Chris Edwards
• Jamsheed Barateron
• Theresa Maynard

No absences or late arrivals were recorded.

Votes and Decisions

The council held 13 votes during this meeting, all of which passed by voice vote with no opposition.

Recognition and Administrative Matters

The council recognized Director Steve Haney for retirement, with Mayor Linda Gorton making the motion and Council Member Lamb seconding 11:43. The council approved the September 15, 2020 Work Session Summary, with Council Member Plomin moving and Council Member Swanson seconding 25:54.

Docket Placements for September 24, 2020 Council Meeting

Three items were placed on the docket for the September 24, 2020 Council Meeting:

• Resolution authorizing a memorandum of agreement with Kentucky Housing Corporation for data sharing, moved by Council Member Lamb and seconded by Council Member Farmer 22:31
• Resolution authorizing modifications to agreements with Kentucky Department of Military Affairs, Division of Emergency Management, extending the period of performance through September 30, 2021 under CESA for FY 2018 and FY 2019, moved by Council Member Massadi and seconded by Vice Mayor Case Beckins 23:41
• Resolution authorizing a contract amendment with Systems and Software Incorporated to utilize Invoice Cloud as payment gateway provider and IVR for LexSurf payments, moved by Council Member Bledsoe and seconded by Council Member Lamb 24:47

Budget and Funding Approvals

The council approved budget amendments, moved by Vice Mayor Kay and seconded by Council Member Farmer 26:57. Council Member Farmer moved approval of new business, seconded by Council Member Lamb 30:16. The council approved Council Capital Projects, moved by Council Member Plumman and seconded by Council Member Lamb 40:00. Neighborhood Development Funds were approved, moved by Council Member Bledsoe and seconded by Council Member Reynolds 40:36.

Committee and Procedural Matters

Vice Mayor Kay moved to dissolve the special committee on electronic billboards and suspend council rules to allow a non-committee member to serve on a subcommittee of the Planning & Public Safety Committee, seconded by Council Member Plowman 1:38:31. Vice Mayor Kay also moved to suspend council rules to allow all council members to be full voting members of the Budget, Finance & Economic Development Committee for discussion of COVID reimbursement and fund balance, seconded by Council Member Lamb 2:11:38.

Closing Actions

The council approved the Mayor's Report, moved by Vice Mayor Kay and seconded by Council Member Farmer 2:12:40, and adjourned upon motion by Vice Mayor Kay and second by Council Member Plowman 2:13:15.

Budget and Financial Actions

The meeting included approval of 16 financial items totaling approximately $5.4 million in contracts, grants, and amendments:

Construction and Infrastructure Projects

• Construction agreement with R.J. Corman Railroad Company/Central Kentucky Lines, LLC for Town Branch Phase 6 project: $1,500.00 (0724-20)
• Purchase of right-of-way, permanent and temporary easements for Citation Boulevard Phase IIIA: $1,446,000.00 (0896-20)
• Change Order No. 1 with the Allen Company for Beaumont YMCA Trail Project: $60,867.29 (0901-20)

Social Services and Community Programs

• Purchase of Service Agreements with 29 Extended Social Resource (ESR) Program grantee agencies: $2,100,000.00 (0876-20)
• Agreement with Mountain Comprehensive Care Center to operate Permanent Housing Intensive Case Management Program: $190,670.00 (0894-20)
• FY21 Neighborhood Action Match Program contracts with various neighborhood associations: $59,405.00 (0903-20)

Grants and Donations

• Acceptance of donation from Friends of McConnell Springs for part-time AmeriCorps Service Member: $6,000.00 (0873-20)
• Acceptance of federal award from U.S. Department of Homeland Security for smoke alarms in high-risk neighborhoods: $23,810.55 (0899-20)
• Application and acceptance of award from Kentucky Department of Education for Child Care Food Program (0904-20)

Professional Services and Agreements

• Purchase of Service Agreement with Stantec Consulting, Inc. for evaluation of LFUCG Exactions Program: $215,900.00 (0902-20)
• Purchase of Service Agreement and Vehicle Lease Agreement with Lexington-Fayette Animal Care and Control, LLC: $1,495,273.00 (0906-20)

Amendments and Other Actions

• Memorandum of Understanding with Baptist Healthcare System, Inc. to participate in the 340B Drug Discount Program: No fiscal impact (0793-20)
• Renewal of water franchise agreement with Kentucky American Water for five-year term: No budgetary impact (0886-20)
• Lease agreement with Robert Craig for residential space at 3561 Shamrock Lane (0888-20)
• Use of staff from Emergency Management vendor Management Registry for coronavirus testing and response: $15,021.74 (0897-20)
• Extension and amendment to grant agreement with Kentucky 911 Services Board for CAD system: $400,000.00 (0898-20)

Public Comment

Council members raised several concerns and provided updates during the meeting.

Furlough Policy and Legislative Advocacy Council Member Maloney advocated for the council to work with legislators to pass language allowing furloughs instead of layoffs, citing the need to retain talent during economic downturns. 1:17:08

Virtual Public Comment Concerns Council Member Lamb expressed concern about the potential for fake names and impersonation in virtual public comment, questioning the effectiveness of video verification. 1:44:04 Council Member Maloney voiced similar skepticism about virtual public comment, citing the ease with which individuals could misuse names and identities online. 1:49:29

School Reopening Authority Council Member Bledsoe clarified that the Fayette County School Board decides school reopening, while the Health Department enforces compliance, and the council has no direct role. 1:57:38

Golf Cart Safety Council Member Farmer raised concern about unauthorized golf cart use on public roadways, noting safety risks and lack of city ordinance permitting such use. 1:59:17

CDC Guidelines on Trick-or-Treating Council Member Maloney raised concern about conflicting guidance between CDC and city policy on trick-or-treating, noting CDC's recommendation against door-to-door candy distribution. 2:22:45

Second Chance Program and Kingland Meet Council Member Plowman highlighted the Second Chance program for inmates and announced the Kingland meet would be closed to the public but streamable via app. 2:24:22

Appointments

The following individuals were appointed to the Electronic Billboard Subcommittee:

• Kathy Plowman
• James Brown
• Josh McCurn
• Jennifer Reynolds
• Lisa Higgins-Hord

Contested Items

The September 22, 2020 meeting included three significant areas of disagreement among council members.

Virtual Public Comment and Identity Verification

Council members engaged in a heated discussion regarding the implementation of virtual public comment procedures. The primary concern centered on security and authenticity, with members expressing strong reservations about the feasibility of virtual public comment due to risks of impersonation and fake identities. Despite video requirements being proposed as a safeguard, council members remained unconvinced that these measures would adequately prevent fraudulent participation in public comment sessions.

Golf Cart Operation on Public Roadways

A procedural dispute arose over whether to permit golf carts to operate on city streets. During the discussion, legal clarification was provided that golf carts are currently illegal on public roadways without a specific city ordinance authorizing their use. The disagreement centered on whether such an ordinance should be adopted to allow this form of transportation within city limits.

Suspension of Council Rules

Council members debated a proposal to suspend existing rules in order to allow non-committee members to serve on subcommittees. This split vote reflected concerns about establishing precedent and maintaining committee integrity. Members disagreed on whether suspending the rules would compromise the established structure and function of the committee system, or whether flexibility was warranted for operational purposes.

Public Comment - Issues on Agenda

11:43

Public comment was temporarily suspended during this agenda item. The council proceeded with recognition of Director Steve Haney for his retirement, which was approved.

Key participants in this portion of the meeting included Mayor Linda Gorton, Council Member Lamb, Council Member Maloney, Council Member Worley, and Council Member Farmer.

Requested Rezonings/Docket Approval

22:31

The council approved a motion to place a resolution on the docket for data sharing with Kentucky Housing Corporation. In addition to this primary item, the council also approved two additional resolutions concerning CESA and systems contract amendments.

Council Members Lamb, Massadi, and Bledsoe participated in the discussion of these items. The agenda item resulted in an approved outcome, with all resolutions moving forward as presented.

Approval of Summary

A motion to approve the September 15, 2020 work session summary was presented for consideration. Council Member Plomin and Council Member Swanson participated in the discussion of this agenda item. 25:54

The motion to approve the summary was unanimously approved by the council.

Budget Amendments

The council considered a motion to approve budget amendments during this agenda item.

Key Speakers and Discussion

Council Member Lamb, Commissioner Ford, and Charlie Lanter participated in the discussion of the proposed amendments.

Concerns Raised

Council Member Lamb raised questions regarding funding reallocation for the Day Treatment program, indicating this aspect of the budget amendments warranted closer examination.

Outcome

The motion to approve the budget amendments was unanimously approved.

New Business

30:16

The council considered a motion to approve new business items, which was unanimously approved. The agenda included three main items:

• Contracts for ESR programs
• Citation Boulevard
• The Exactions Program study

Council members participating in the discussion included Council Member Farmer, Council Member Lamb, Council Member Massadi, and Council Member Ellinger.

The motion to approve the new business items passed with unanimous support from the council.

Continuing Business/Presentations

Don Blevins Jr. delivered a presentation on November 2020 Election Plans 43:27. The presentation covered several key operational aspects of the upcoming election:

Topics Covered: - Mail-in voting procedures and implementation - Ballot drop box locations and logistics - In-person voting locations - Ballot processing procedures

The presentation was informational in nature, providing an overview of the election administration plans for the November 2020 election. No specific concerns or debate items were documented from this agenda item.

Council Reports

Council Members provided updates on various matters during this informational segment of the meeting.

Council Member Maloney discussed furlough policy and legislative advocacy efforts.

Council Member Bledsoe reported on matters related to school board and health department roles.

Council Member Plowman discussed the Second Chance program.

The segment was informational in nature, with no formal action items resulting from the reports.

Mayor's Report

The Mayor's Report was presented as Agenda Item VIII during the meeting. Vice Mayor Kay and Council Member Farmer were the key speakers on this item 2:12:40.

A motion to approve the Mayor's Report was brought before the council. The motion received unanimous approval from all council members present.

Public Comment - Issues Not on Agenda

1:44:04

Public comment was temporarily suspended during this agenda item. Council members engaged in discussion regarding two topics: virtual public comment procedures and golf carts on city streets.

Key Speakers: - Council Member Lamb - Council Member Maloney - Council Member Farmer

Discussion: The council addressed matters related to the implementation and management of virtual public comment, as well as concerns regarding golf carts operating on city streets.

Outcome: The item was informational in nature, with no formal action taken.

Adjournment

2:13:15

A motion to adjourn the meeting was presented and brought to a vote. Vice Mayor Kay and Council Member Plowman participated in this final agenda item.

The motion to adjourn was unanimously approved by the council.